Stephens v. . Fox
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the April term, 1879, affirming a judgment in favor of plaintiff, entered upon the report of a referee, (Reported below, 17 Hun, 435.) This action was brought under the general railroad act by plaintiff, as assignee of a judgment against the New York and Oswego Midland Railroad Company, against, defendant, as a stockholder of said company, to…
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the April term, 1879, affirming a judgment in favor of plaintiff, entered upon the report of a referee, (Reported below, 17 Hun, 435.) This action was brought under the general railroad act by plaintiff, as assignee of a judgment against the New York and Oswego Midland Railroad Company, against, defendant, as a stockholder of said company, to recover an amount alleged to be unpaid upon his stock. To prove the indebtedness of the corporation, the plaintiff offered in…
1Opinion of the CourtRapallo, J.
This action is based upon section 10 of the general railroad act (chap. 140 of the Laws of 1850, as amended by chap. 282 of the Laws of 1854), which provides, that “each stockholder of any company formed under this act shall be individually liable to the creditors of such company to an amount equal to the amount unpaid on the stock held by him, for all the debts and liabilities of such company, until the whole amount of the capital stock so held by him shall have been paid to the company.” The only material question brought up on this appeal is whether, in an action against a stockholder to…
2Cases cited3 opinions
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Miller v. . WhiteNew York Court of Appeals · 1872
- Hastings v. . DrewNew York Court of Appeals · 1879
3Cited by35 opinions
- Chase v. CurtisSupreme Court of the United States · 1885
- Caesar v. BernardAppellate Division of the Supreme Court of the State of New York · 1913
- Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
- Holland v. Duluth Iron Mining & Development Co.Supreme Court of Minnesota · 1896
- First National Bank v. ClarkNew York Court of Appeals · 1892
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